Unit 6 Government

Decision: The Due Process does not protect the BMW because a state may impose punitive damages to deter unlawful

BMW of North America v. Gore (1996: Excessive Fines)

Decision- the majority held that this would be determined on a base by case basis, but they identified four factors that might affect the decision for lower courts to follow. a. The length of delay- the Court has never set a specific time limit for when a speedy trial must occur b. The reason for the delay- if the reason for delay is a deliberate attempt to hamper the defense, this weights heavily against the government. c. Whether and when the defendant asserted his right to a speedy trial- if the case drag on and one an the defendant doesn't make this claim for a long time, he might lose the right because he was been agreeing to waive the right for so ling. d. The degree of harm- for example, of a witness in their favor have died during the long wait, this weighs heavily in the defendants favor

Barker v. Wingo (1972)

The double jeopardy prohibition of the 5th Amendment, a fundamental ideal in our constitutional heritage, in enforceable against the States through the 14th Amendment and Palko v. Connecticut is overruled. DOUBEL JEOPARDY IS NOW INCORPORATED.

Benton v. Maryland (1969)

Decision: the holding at every level of the court system was that since there was not formal conversation between the judge and forewoman there was not formal acquittal. Since this was ruled a mistrial, every part of the case has to be retired.

Blueford v. Arkansas (2012: Double Jeopardy)

In civil cases, the person bringing the lawsuit (the plaintiff) seeks money damages or a court order preventing the person being sued (the defendant) from engaging in certain conduct

Civil Case

These are cases where you have a party against a party, as opposed to criminal cases where you have the government against a party.

Criminal Case

The guarantee of due process for all citizens requires the government to respect all rights, guarantees, and protection afforded by the US Constitution and all applicable statutes before the government can deprive a person of life, liberty, or property

Due Process

Oklahoma executed Clayton Lockett using a three drug lethal injection procedure. The procedure went poorly; Lockett awoke after the injection of the drugs that were supposed to render him unconscious and did not die until 40 minutes later.

Glossip v. Gross

Decision: Though the Constitution does not explicitly protect a general right to privacy, the various guarantees within the Bill of Rights create penumbras, or zones, that establish a right to privacy. In of the other words, "the spirit" of the 1st Amendment, 4th Amendment, 9th amendment, as applied against the states by the 14th Amendment, creates a general "right to privacy" that cannot be infringed. Planned parenthood dies have the right to do this because it is a private institution.

Griswold v. Conneticut

applying the Bill of Rights to the states on case by case basis, through the 14th Amendment Due Process clause

Incorporation

Decision: The Court of the United States held that making a peremptory challenge due to a prospective juror's sex is unconstitutional. Discrimination based on gender or race undermines the fairness of the judicial system. It is not fair to whomever lacks influence over jury selection and biased juror will prevent justice.

J.E.B v. Alabama (1994: Trial by Jury)

-Defendants are protected from secret proceedings that might encourage abuse of the justice system, and the public is kept informed about how the criminal justice system works -This comes from the colonial suspicion of secret proceedings that could use the Courts for unfair persecution of citizens

Know how the public is served (benefited) by a "public trial"?

-A guarantee that a defendant will not face a second prosecution after an acquittal -A guarantee that a defendant will not face a second prosecution after a conviction - A guarantee that a defendant will not receive multiple punishments for the same offense

Know the 3 standards for being able to "plead the fifth"?

The federal government has only those powers specifically granted by the Constitution ○ These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles

Know what purpose the amendment serves

Guarantees the right to a jury trial only in federal court, not in state court. THIS HAS NOT BEEN INCORPORATED!

Know what the amendment protects and guarantees

The US Supreme Court has ruled that laws affecting family relations (such as marriage, divorce, and adoption), commerce that occurs within a state's own borders, and local law enforcement activities, are among those specifically reserved to the state or to the people

Know who and what is protected by the amendment

Decision: The court ruled that it does this situation violate Roberts 5th Amendment rights, "The Court decided that for something like this to qualify incriminating than there must be a "real danger" of prosecution, and not a "remote and speculative possibility."

McKune v. Lile (2002: self-incrimination)

Your rights that are read to you

Miranda Warning

The Court held that prosecutors could not use statements of defendants in their custody unless they make sure the accused understands all of their rights. The Court specifically outlined the necessary aspects of police warnings to suspects, including warnings of the right to remain silent and the right to have counsel present during interrogations. If law enforcement fails to honor these safeguards, court will often suppress any statements by the suspect as violating the Fifth Amendments protection against self-incrimination.

Miranda v. Arizona (1966)

Decision: The court held that and said that holding back permits on the conditions that the Nollans give up a strip of their land for public use was not a proper negotiating method. Supreme court ruled in favor of Nollans and decided that the Commission did not have a good reason to deny them.

Nolan v. California Coastal Commission (1987: Eminent Domain)

The supreme court upheld Palko's second conviction. The Court state that some Bill of Rights guarantees--such as freedom of thought and speech-- are fundamental, and that that the them to the states. Protection against double jeopardy was not a fundament right. Palko died in Connecticut electric chair on April 12, 1938.

Palko v. Conneticut (1937)

Decision: the majority ruled in favor of the Press-Enterprise Co. the court stated that at times, trials made be closed if having a public trial will damage the defendants ability to have a fair trial. After the hearing was over though, the possibility of tainting the hearing was over, and giving out a transcript of the completed proceedings would not jeopardize the defendants right to a fair trial ○ The court said that two considerations must be made before the Public Trial Clause guarantee can be waived. 1. There must be a substantial probability that the defendants cannot get a fair trial without closing the trial 2. Reasonable alternatives to closing trial must be considered

Press-Enterprise Co. v. Superior Court (1986)

When government denies life, liberty or property, it must use fair procedures; laws must be carried out in a fair manner

Procedural due process

Decision: The Court held that the abortion laws that made the abortion a crime is unconstitutional for violating the due process clause because it does not take ○ The Court observed that section 1 of the 14th Amendment contained three references to "person".

Roe v. Wade (1973: Right to Privacy)

Decision: the Court ruled that standards of decency have evolved so that executing minors is "cruel and unusual punishment" prohibited by the 8th Amendment. The majority cited a consensus against the juvenile death penalty among state legislatures, and its own determination

Roper v. Simmons

In favor of Strickland, the "rule" is that the counsel's conduct must cause sufficient prejudice to the defendant to warrant setting aside the death sentence, giving a fair trial.

Strickland v. Washington (1984: Right to Counsel)

Federal government has a constitutional right to "take" private property for public use, the 5th Amendment's Just Compensation Clause requires the government to pay just compensation, interpreted as market value

Taking Clause

Decision: Unanimous decision that the 6th amendment right to a public trial applied to suppression hearings. There has to a necessary reason to suppress the trial.

Waller v. Georgia (1984: Public Trial)

If a trial court declares mistrial; if a crime violates both state and federal law

What are the exemptions to double jeopardy protections?

- Without it, criminal defendant could be held indefinitely under a cloud of unproven criminal accusations. -Also is a crucial to assuring that a criminal defendant receives a fair trial - If too much time elapses between the alleged crime and a trial, witnesses may die or leave the area, their memories may fade, and physical evidence may be lost

What does the the right to a speedy trial assure? What does it protect?

The US Supreme Court has defined fair market value as the most probable price that a willing but unpressured buyer, fully knowledgeable of both the property's good and bad attributes, would pay

What has the Supreme Court defined "just compensation" (eminent domain) to mean?

People's rights exist and are protected by the Constitution, even if they are not specifically listed in the Bill of Rights

What has the Supreme Court interpreted the 9th amendment to mean?

- A criminal defendant may voluntarily give up (waive) his/her right to a public proceeding or the judge may limit public access in certain circumstances - Sometimes this is in conflict with the 1st Amendments Freedom of the Press clause (balancing test)

What must be considered before the right to a public trial can be waived?